People v. Aleman

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted for a new trial.

In response to a note from the deliberating jury stating that it was “hopelessly deadlocked” and that some jurors were inclined to acquit because defendant had spent some time in jail and deserved another chance, the trial court gave a lengthy, rambling instruction that chided the jury for not “following the rules” and implied that certain jurors had violated their promise that they would comply with the court’s instructions on the law. The court then adjourned…